I hope you are some day prosecuted for an open Listerine container by an anarcho-tyranny prone jurisdiction.
This is the adult version of the government grade school no-tolerance nonsense we read about here at Free Republic at least weekly during the school year.
If I was driving around knocking back listerine I’d have much bigger problems than the law’s opinion. But kids can buy listerine, so I wouldn’t a problem there.
This is a simple matter of applying the same word the same way in multiple laws. Might even be in his favor, don’t know if ODouls can be sold to underage in NM. He should get himself a real lawyer, because that’s the whole case right there. If it can’t he should drop it because he can’t win, if it can a real lawyer would have won the case for him already. Sorry consistency in application of the law bugs you so much, but that’s on you for preferring things made up as we go along.